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(영문) 대전지방법원 천안지원 2017.08.24 2017고단973

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 15, 2017, around 20:30, the Defendant obstructed the victim’s death or business for about 25 minutes from around that time by force, including, but not limited to, the victim D, who was a manager in front of the Northern-gu B, Seo-gu, Seocheon-gu, 2017, the five-story C Sabyaki, and the victim D, who did not enter himself under the influence of alcohol. The Defendant: (a) laid on the floor a signboard placed on the Kapoter; (b) laid down a bath and the Kapo; and (c) laid down a flood to the head of the victim D by gathering the flood.

2. The Defendant interfered with the performance of official duties and the victim’s injury inflicted injury on the police officer E who called to the site after receiving a report on the date, time, time, and place indicated in the above paragraph 1. that “I am home, the police, am missing, the amb and flap, hing the warrant, hing the warrant, hing the warrant, and hing the inside of the above E, and caused the injury, such as “I ambling off for about three weeks to the above E,” which requires approximately three-day medical treatment.

As a result, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the reporting processing of E- 112, and inflicted an injury at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D and F;

1. On-site photographs and damaged photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring an injury) and Article 314(1) of the Criminal Act (the point of obstructing duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended execution: The defendant's error is that the defendant interfered with another person's business under the influence of alcohol, assaults the police officer dispatched upon receiving a report, etc., and that there has been any past record of punishment for violent crimes already committed on several occasions: The defendant's error.